Friday, October 30, 2009

To Trademark or Not To Trademark

I know that many people are confused about trademarks and when they can use them.

Here is a good definition about trademarks in Wikipedia.

Firstly, I am not a lawyer; this is not official legal advice. But it will be of some help.

Using the TM Symbol

My understanding is that you are welcome to use the TM (or SM which I just discovered in the above link, but have never seen used) for whatever is your trademark... for free.

Registering Your Trademark?

What the registered trademark will do for you is give you leverage in court if someone is infringing on your trademarks. Registering your trademark is also a good choice for protection if you have not decided to Federally Incorporate (under the word you want to trademark). A trademark is the second highest form of protection in all of Canada.

Registering a trademark is not as expensive as you may think. I got one done last year, and it cost approx. $1,500 CDN.

In either case (registering or just using the TM/SM symbol), you'd have to be prepared to spend $$ on legal costs defending your trademarks.

Using the TM symbol looks cool and marks your territory on your words/brands. You don't have to mention that you aren't pursuing the official registrations.

A good idea is to document the date(s) you started USING each trademark in your business, and back it up with some sort of record or proof of same (print off a page of your live website using the trademarks, etc.). Then you will be prepared to go to court (even if you decide not to).

Do Your Homework

Be sure and research your competitors and make sure you aren't infringing on their trademarks before you spend time and $$ advertising. You can also search the Canadian Trade-marks Database or get more info here.

Tuesday, October 27, 2009

Email Organization Tip

Just a quick entry today...

Organization is SO important in this digital age. There is so much information coming at us every day, it can be easy to fall behind, get frustrated, and then throw your hands up in the air and just give up trying to stay on top of things.

Some people even declare EMAIL BANKRUPTCY regularly just to feel better about things.

However, I've taken on a new attitude: DO IT NOW.
Part of my do-it-now regime includes the following:

I use Outlook as my email software. Every time I receive an email with an attachment, I save the attachment and then remove it from the email and re-save the email. This ensures that:
  1. I don't have large files double saved on my computer,
  2. It keeps my email software lean and working efficiently, and
  3. Makes future organization faster.
Don't forget that you can do the same with your SENT ITEMS.

Let me know if you have any admin / organization tips!

Monday, October 19, 2009

The Creative Process Needs Time, Space and Air

I have seen other web design companies advertising, "Have your new website up in 24 hours!" But even if you had 10 people working on your new website, that would be an impossible deadline to meet.

Charging for Right-Brain Work

It's true, some creative people work best in a procrastination-adrenalin mode. In fact, that's how I got through grade school :) But in the professional world, it's time to work like an adult. Creative service providers should be charging enough for their right brain thinking time -- which often times cannot be quantified the way you would, say, a bookkeeping service.


In-Person Meetings

Another vital part of the Creative Process is in-person meetings with the client... an owner is best. The client lives, breathes and eats his business. But clients usually don't present you with all the important information you need to work on the project before you start. It takes detective work, and knowing which key questions to ask to suss out the Essence of the client's company. In-person client meetings will be the most productive when the client representative is a good communicator who understands and is excited about the Creative Process.

Ideas and Brainstorming

The initial stages should abide by the rule, "there are no wrong ideas." All included parties should feel like their input is valuable, listened to, and considered. Great ideas can come from anyone: the receptionist, the owner's significant other, the mail clerk... these people are all computer users, they all know the company, and you never know where the best insight will come from. Sometimes an ok idea sparks the idea domino effect, leading the creative team to amazing and original answers.

Time... Space... Air

After putting in a few good hours designing, it is smart to let the design sit for a couple of days. During this time, the right brain is hard at work (behind the scenes) solving any design challenges, or just making it better. The solutions may come to the designer in his sleep! The BEST design has had time to evolve and usually wasn't created in the first attempt - although there are brilliant, experienced designers out there who are THAT talented... I'm just not one of them :)

To Sum It Up!

Don't try and rush the creative design process... (although deadlines are important in any working environment). Creativity requires rested, relaxed and happy brains to produce the best results.

Monday, September 28, 2009

Hiring the less expensive web service providers...

A colleague of mine called me up in a panic. Her website had errors in it – that weren’t there before – but she couldn’t get ahold of her web designer. The number was disconnected and website gone.

The same colleague of mine had chosen to go to another designer because my services were too expensive for her. There were no hard feelings; I just don’t participate in the very popular “trades of services” that many in the Ottawa small business community advocate.

I had another experience where a prospect came met with me and said, “I want a website like this one,” and she brought up a website that another designer had created for her a few years back. The website was very professional, easy to navigate and was obviously a successful site created by an experienced web/graphics person. So I asked my prospect, “So where is this web designer and why aren’t you going back to him for additional work?” My prospect told me how much she paid—a mere $1,200 for the entire project—and then admitted that her old designer had accepted a job somewhere and wasn’t doing freelance work anymore.

So, I have to wonder, do creative freelancers and small business designers charge so little that they can’t stay in business? Do creative people love their work so much, they would do it for little or no money?

As I become a more experienced business owner, a few things become clear to me.
  • It is expensive running a business.
  • If a small business doesn’t have employees, it tends to undercharge because of “lack of overhead.” But this same attitude makes it impossible for a small business to grow.
  • By not charging enough, the creative person is setting up people’s expectations for low fees and therefore, validating potential customers’ perspectives that our work isn’t worth a lot of money.